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Bombay High CourtCP/3/2018

Ganpat Sakharam Shete v. Mr. Suhas Balkrishna Samant And ANR.

2018-08-08Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

904-cp-3-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CONTEMPT PETITION NO.3 OF 2018 Ganpat Sakharam Shete ] Petitioner Vs.

Suhas Balkrishna Samant & Anr.

] Respondents .....

Mr. Ajit Karwande, for Petitioner.

Ms. Rushita Jain, for Respondent ....

CORAM :

R.G. KETKAR, J.

DATE :

8TH AUGUST, 2018.

P.C.

Heard Mr. Karwande, learned Counsel for the petitioner and Ms. Jain, learned Counsel for the respondent.

2.

The matter was heard on 6th August, 2018 and was kept today for reporting compliance. Ms. Jain has handed over keys of the suit premises to Mr. Karwande. Mr. Karwande confirms that petitioner has received possession of the suit premises. He has filed Affidavit dated 8th August, 2018 placing on record arrears of rent to the tune of Rs. 4,30,000/- and arrears of electricity charges plus penalty, aggregating to Rs. 7,30,000/-. He submits that liberty may be reserved to proceed against respondent No.1 for recovery of this amount as also for recovery of damages from respondent No.1. The same is taken on record and marked 'A' for identification. He has also placed on record affidavit dated 4th August, 2018 for placing on record subsequent events. The same is taken on record and marked 'B' for identification. 3.

As respondent No.1 has handed over possession, no further action is required. Contempt Petition is disposed of. Liberty is reserved to the

904-cp-3-2018.odt petitioner to adopt appropriate proceedings for recovery of arrears of rent, electricity charges as also damages. All contentions of the parties in that regard are expressly kept open. Order accordingly.

[R.G. KETKAR, J.]